PATENT | EPO Enlarged Board of Appeal on the definition of prior art
On 2 July 2025, the EPO Enlarged Board of Appeal issued its decision on case no. G1/23, concerning the validity of a patent claiming a solar cell sealing material and a solar cell module. The Enlarged Board ruled that a product put on the market before the filing date of a European patent application (and its technical information) cannot be excluded from the state of the art merely because its composition or internal structure could not be analysed and reproduced by a person skilled in the art.
Newsletter n. 109 – July 2025